Page:1864-65 Territory of Dakota Session Laws.pdf/92

80 Sec. 239. The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife as petit treason, are abolished, and these offenses are deemed homicides, punishable in the manner prescribed by this chapter.

Sec. 240. Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration the fact that any domestic or confidential relation existed between the accused and the person killed, in determining the moral quality of the acts proved.

Sec. 241. Homicide is murder in the following cases:

1. When perpetrated without authority of law, and with a premeditated design to effect the death of the person killed, or of any other human being;

2. When perpetrated by any act imminently dangerous to others and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual;

3. When perpetrated without any design to effect death, by a person engaged in the commission of any felony.

Sec. 242. A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed.

Sec. 243. A design to effect death sufficient to constitute murder, may be formed instantly before committing the act by which it is carried into execution.

Sec. 244. Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time.

Sec. 245. Homicide perpetrated by an act eminently dangerous to others and evincing depraved mind, regardless of human life, is not the less murder because there was no actual intent to injure others.

Sec. 246. Every person who, by previous appointment within this territory, fights a duel without this territory, and in so doing inflicts a wound upon his antagonist or any other person, whereof the person injured dies, and every second engaged